Helsinki Citizens’ Assembly-Vanadzor

On 12 May 2021, the RA Police recognized invalid the administrative act made by Tavush division officials through violation of law. The act imposed a fine of AMD 100,000 on M.B. for not keeping the emergency state rules.    

Back on 27 May 2020, M.B. was subjected to an administrative fine of AMD 100,000 for not keeping the emergency state rules while conducting an economic activity.  

It is noteworthy that the administrative act was made based on Article 182.3 part 2 clause 2 of the RA Code of Administrative Violations, which concerns only the persons conducting economic activity. During this period, M.B. gave the territory belonging to him to someone else for rent to conduct economic activity, and he personally was not implementing any entrepreneurial activity and was working as a firefighter, which means he was a state worker. This itself contradicts the facts presented in the administrative act. Thus, the act was completely groundless and non compliant with the RA Constitution and the entire essence of RA legislation on human rights restrictions.

On 30 October 2020, M.B.’s representative, HCA Vanadzor advocate Samson Galstyan made an application to the RA Administrative Court, claiming to recognize invalid the administrative act  of RA Police Tavush Regional Department Tavush Division. During the investigation of the case, the Head of the Police examined the administrative act and recorded that it was made by violation of law. The Head of the Police  confirmed that the officials of the division made a violation of Article 281 of the RA Code: the decision was supposed to contain the specific violation made, case investigation date, information on the person who made the violation, circumstances confirmed during the case investigation, etc. And since the above-mentioned administrative act did not ensure these points, it was recognized invalid. Moreover, an application was made to the Court to discontinue the administrative case. The application was upheld․

Thus, it should be recorded that it is inadmissible to violate the rights of RA citizens and hold them liable based on administrative acts that are non-compliant with the legislation and are made through violation of law, given that they should contain the relevant necessary information in order to be legal and grounded.